Reed v. Director of Revenue

RICHARD B. TEITELMAN, Judge.

Nicholas Reed was arrested on suspicion of driving while intoxicated over three hours after he backed his truck into a ditch and walked home. Section 577.039 prohibits arrests without a warrant in driving while intoxicated cases if the arrest without a warrant is made more than one and one half hours after the claimed violation. However, an arrest without a warrant is permitted if the person to be arrested “left the scene of an accident or was removed from the scene to receive medical treatment.” There was no accident within the meaning of section 577.039, RSMo…